Jahi McMath, 13, suffered complications after a tonsillectomy.
(Photo: Family photo via AP)
OAKLAND, Calif. (CBS/AP) - A California judge on Monday ordered a 13-year-old girl who was declared brain dead to be kept on life support until Jan. 7.
County Superior Court Judge Evelio Grillo ordered Children's Hospital
Oakland to maintain Jahi McMath on a ventilator past the 5 p.m. Monday
time that was set in a previous ruling.
The family wants to
continue life support, saying there is hope for recovery. The family has
been fighting to find a health care facility that will accept McMath,
after two medical evaluations found she was brain dead.
Nailah Winkfield, the girl's mother, said she wept when she heard about the ruling and hugged relatives outside the hospital.
She said the delay was an answer to her prayers and a sign that she was right to keep fighting.
wants to know the date and the time their child would die?" she said.
"I don't care what anyone has to say about what I'm doing... I have to
do what is right for me and for Jahi."
She said she does not believe her daughter is dead because her heart is still beating.
Singer, a hospital spokesman, said it would comply with the judge's new
order but would oppose any efforts by Jahi's family to convince a court
that she is still alive and entitled to the same rights as a living
hopeful we will be successful so this tragedy can end," Singer said. He
also dismissed claims by Jahi's relatives that she has shown signs of
life, saying any muscle activity was an involuntary muscle reflex.
Dolan, the McMath family's attorney, told journalists gathered outside
the hospital Monday afternoon that the case was about parents' right to
chose how their children are treated, and he slammed the hospital for
being "hellbent on ending this child's life."
"This child was sitting on death row until 5 o'clock today," said Dolan. "A piece of paper has saved her from extinction."
don't know why we have to fight this hospital, but it looks like we
will have to continue to fight -- fight for that right to chose your
child's healthcare," added Dolan.
underwent a tonsillectomy at the hospital on Dec. 9 to
treat sleep apnea. After she awoke from the operation, her family said,
started bleeding heavily and went into cardiac arrest. Doctors declared
her brain dead on Dec. 12 and wanted to remove her from life support.
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